Filing requirements vary from one court to another you need to consult with the court clerk about local rules for filing that apply to your case. You can do this in person or let an attorney do it for you if you have one. After drafting the Motion to Compel Arbitration, you'll need to file it with the court clerk. If you have an attorney, both of you need to sign the motion before filing it with the court.Ĭheck out an example of our Motion to Compel Arbitration here.įile the Motion to Compel Arbitration. Request the court to issue an order that both parties must resort to arbitration.Explain how the court has jurisdiction over the case.Identities of both parties involved in the lawsuit.The arbitration clause in the agreement.A title, e.g., Motion to Compel Arbitration.Ensure the information contained in the draft includes: For this reason, you can go ahead and draft your motion. Section 4 of the Federal Arbitration Act (FAA) allows you to file a Motion to Compel Arbitration even if the plaintiff hasn't filed a lawsuit against you. Use SoloSuit to file a response to a debt collection lawsuit fast.ĭraft a Motion to Compel Arbitration. However, if it's impossible to file in a federal court, you can still go ahead and file in a state court. If the dispute is worth at least $75000.If you and the other party are from different states.Here are a few circumstances in your case that may allow you to file in a federal court: However, there's no guarantee that a federal court will accept your case. It's best to file this type of motion in a federal court because they favor arbitration more than state courts. It's therefore essential to choose one who's experienced in arbitration-related issues.ĭecide with which court you will file your petition. An attorney can advise you on the best course of action to take regarding your motion. The district is usually indicated in your arbitration provision. Next, you should petition the Motion to Compel Arbitration in the district where your arbitration is supposed to be held. After confirming that the dispute is eligible for arbitration, you'll need to determine the place where you agreed to arbitrate. Before filing a Motion to Compel Arbitration, ensure the dispute subject matter falls within the arbitration agreement.ĭetermine where the arbitration will take place. For instance, you may have an agreement with your employer that categorizes pay disputes as an arbitrable issue but other types of work disputes as non-arbitrable. Some agreements may create exceptions for arbitrable issues and non-arbitrable issues. Make sure the dispute falls under the arbitration provision. If an agreement exists, confirm if it was signed by both parties. For this reason, you'll need to go through the contract you had with the other party and check to see whether you had an agreement. Without a valid arbitration agreement, you can't bring a Motion to Compel Arbitration in court. Below are some tips to successfully file a petition to compel arbitration.Įnsure you have a valid arbitration agreement. How to file a Motion to Compel Arbitrationīefore filing a Motion to Compel Arbitration, ensure that you meet the set prerequisites for arbitration. Make the right defense the right way with SoloSuit. The court can only deny a petition for arbitration if the non-arbitrable issues are outside the scope of the parties. If a complaint contains arbitrable and non-arbitrable claims, the court can't deny a Motion to Compel Arbitration even if the litigation involves non-arbitrable issues. On the other hand, when arbitration is non-binding, it means that the decision made by the arbitrator is just a recommendation and can only be enforceable if both parties accept the recommendation. Binding arbitration means that the decision made by the arbitrator is final and can be enforced in court. You can compel arbitration as long as you have a valid and enforceable written agreement to force the other party to submit the dispute to arbitration.įor instance, if a debt collector sues you, you can file a Motion to Compel Arbitration to avoid going to court or delay the court process.Īrbitration can either be binding or non-binding. One such motion is the Motion to Compel Arbitration. Summary: Are you trying to file a Motion to Compel Arbitration? Find out how to do it the right way with this free sample Motion to Compel Arbitration.Ī motion requests the court for a specific ruling, direction, or order.
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